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MDC RESTAURANTS v. EIGHTH JUD. DIST. COURT

No. 71289.

419 P.3d 148 (2018)

134 Nev. Adv. Opn. 41

MDC RESTAURANTS, LLC; Laguna Restaurants, LLC; and Inka, LLC, Petitioners, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR the COUNTY OF CLARK; and the Honorable Timothy C. Williams, District Judge, Respondents, and Paulette Diaz; Lawanda Gail Wilbanks; Shannon Olszynski; and Charity Fitzlaff, all on behalf of themselves and all similarly situated individuals, Real Parties in Interest.

Supreme Court of Nevada.

May 31, 2018.

Attorney(s) appearing for the Case

Clark Hill PLLC and Nicholas M. Wieczorek , Deanna L. Forbush , and Jeremy J. Thompson , Las Vegas, for Petitioners.

Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, and Bradley S. Schrager , Jordan J. Butler , and Don Springmeyer , Las Vegas, for Real Parties in Interest.

Jackson Lewis P.C. and Elayna J, Youchah and Phillip C. Thompson , Las Vegas, for Amici Curiae Claim Jumper Acquisition Co., LLC; Landry's Inc.; Landry's Seafood House — Nevada, Inc.; Landry's Seafood House — Arlington, Inc.; Bubba Gump Shrimp Co. Restaurants, Inc.; Morton's of Chicago/Flamingo Road Corp.; and Bertolini's of Las Vegas, Inc.

Littler Mendelson and Rick D. Roskelley , Kathryn B. Blakey , Roger L. Grandgenett, II , and Montgomery Y. Paek , Las Vegas, for Amici Curiae Briad Restaurant Group, LLC; Wendy's of Las Vegas, Inc.; Cedar Enterprises, Inc.; and Terrible Herbst, Inc.

BEFORE THE COURT EN BANC.

OPINION

The Minimum Wage Amendment (MWA) to the Nevada Constitution allows an employer who provides health benefits to pay a minimum wage of one dollar per hour less than an employer who does not provide health benefits. In this case, we are asked to clarify what health benefits an employer must provide...

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